Even if you have never been in trouble with the law before, a drug possession charge can potentially upend your entire life. Beyond the possibility of jail time, conviction for possession of any "controlled dangerous substance" may carry a number of collateral consequences that will negatively impact your ability to live and work a normal life. So it is critical that you understand and exercise your legal rights when arrested on any suspicion of any drug related offense.
This includes your right to remain silent. Remember, you never have to answer any questions when detained by the police. It also includes your right to consult with a qualified Edmond drug lawyer. At Fassio Law, we represent Oklahoma County residents charged with drug possession, possession with intent to distribute, drug trafficking, and other state and federal crimes related to controlled substances. We understand the gravity of these charges and can advise you on the best course of action for resolving your case, whether that means negotiating a plea agreement with the state or contesting the government's case at trial.
Oklahoma's Uniform Controlled Dangerous Substances Act prohibits the manufacture, distribution, and possession of certain specified drugs and controlled substances except when authorized by a lawful physician's prescription. Oklahoma law effectively mirrors the federal Drug Enforcement Administration's schedule of controlled substances, which places each CDS into one of five schedules. The top tier, Schedule I, represents substances with the highest potential for abuse and no accepted medical use, such as heroin and LSD.
Simple possession of any amount of a CDS, regardless of schedule, is a misdemeanor in Oklahoma. This means a person convicted of simple possession faces up to 1 year in jail and a fine. But possession of any Schedule I or II drugs (except marijuana) is subject to a felony charge that carries a maximum sentence of 10 years.
Beyond simple possession, prosecutors may also charge a suspect with possession of a controlled dangerous substance "with intent to distribute" or drug trafficking based on a number of factors, such as the amount of drugs involved. Keep in mind, distribution does not require proof that any money changed hands. So even if someone simply gives a CDS to a friend for no money, that still falls within the statutory definition of possession with intent to distribute.
In addition jail time, any drug conviction in Oklahoma can lead to the following:
Depending on the circumstances of your drug arrest, you may have a number of potential defenses available to fight the government's case. Even if you are just looking for a plea bargain, you will still be in a much stronger position by working with an experienced Edmond drug lawyer. Contact Fassio Law today at (405) 593-8444 to schedule a case evaluation with a member of our staff.